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5Disposal of impounded horses

(1)Subject to section 7, this section applies if, after a horse has been seized by a local authority under section 2—

(a)neither the owner of the horse nor a person acting on behalf of the owner of the horse has contacted the local authority before the end of the period of 7 days beginning with the relevant day, or

(b)the owner of the horse or a person acting on behalf of the owner of the horse has contacted the local authority before the end of that period but, having been given notice under subsection (3) of section 4, has failed to comply with subsection (1) of that section before the end of the period of 7 days beginning with the day on which the notice was received.

(2)The “relevant day” means—

(a)if the local authority gives notice under section 3(4), the day on which that notice is given, and

(b)otherwise, the day on which the local authority places the notice under section 3(1).

(3)The local authority may sell or otherwise dispose of the horse (including by arranging for its destruction).

(4)Where there are no proceeds arising from the disposal, or the amount of the costs incurred in connection with the disposal exceeds the amount of such proceeds, the owner of the horse is liable to pay to the local authority the amount of any costs incurred in connection with the disposal, or the amount of that excess.

(5)Where the amount of any proceeds arising from the disposal exceeds the amount of the costs incurred in connection with the disposal, the local authority is liable to pay the excess to the owner of the horse.

(6)But subsection (5) does not require the payment of any amount to a person if the local authority has previously paid that amount to a person whom it reasonably believed to be the owner of the horse.

(7)The local authority must give to the owner notice stating the amount that it considers the owner is liable to pay under subsection (4) or that it is liable to pay under subsection (5) and containing an explanation of—

(a)how that amount was arrived at, and

(b)the right to refer a dispute for resolution by the Welsh Ministers and how to exercise it.

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